Rezko attorneys pushing judge to set sentencing date

November 29, 2008|By Jeff Coen, TRIBUNE REPORTER

Antoin "Tony" Rezko's frustration over months in solitary confinement came to a boil this week as his attorneys filed a motion for the judge in his corruption case to immediately set a sentencing date for the convicted political fundraiser.

Sentencing had been put off in early October while Rezko's lawyers and prosecutors discussed his potential cooperation in the federal investigation into possible pay-to-play schemes in the administration of Gov. Rod Blagojevich. Despite his possible willingness to aid the government, Rezko has remained in isolation at Chicago's Metropolitan Correctional Center downtown, locked in a cell 23 hours a day.

"Mr. Rezko has remained in solitary confinement at the MCC since June 4, 2008, the day of the jury's verdict, and can no longer agree to delay sentencing," the new motion states, asking U.S. District Judge Amy St. Eve to set the earliest possible date to hand down Rezko's punishment.

The motion raises questions about the status of talks between Rezko and the government and casts doubt on whether the sides ever will reach an agreement that would make Rezko a witness at future political corruption trials. But the motion is not necessarily thought to be a death knell for negotiations, sources said.

Prosecutors have not stepped in to ask St. Eve to recommend that Rezko be made more comfortable. The U.S. attorney's office, which has been known to make suggestions about an inmate's incarceration if safety is an issue, has declined to comment on Rezko's condition.

A correctional center spokesman has said Rezko remains in the Special Housing Unit for administrative reasons, including ensuring his security and safety and that of the institution.

St. Eve has said little publicly about Rezko's status or the negotiations. She agreed in October to delay Rezko's sentencing while the two sides talked about what Rezko could do for the government's investigation of the Blagojevich administration.

"The parties agree that the [sentencing date], as well as dates related to sentencing filings, should be stricken while the parties engage in discussions that could affect their sentencing postures," the earlier motion said. Rezko originally was scheduled for sentencing in late October after his conviction in the summer on mail- and wire-fraud charges and other offenses.

The judge had set Dec. 16 as a status date in Rezko's case, but is expected to hear the new motion Tuesday.